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Affidavit Parental Rights Sample
Affidavit of Voluntary Relinquishment of Parental Rights
STATE OF: ___________ COUNTY OF:____________ COUNTRY: USA
BEFORE ME, the undersigned authority, on this day personally appeared
________________________, a person known to me, who, upon his oath, deposed
and stated as follows:
1.“My name is _____________________________, I am over the age of 21. I have personal knowledge of the statements made herein and am otherwise competent to make this affidavit.”
2.I reside at
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________________
I am _________ years of age and was born on ____________________.
3._______________________is the name of the child. Her/His present address is:
__________________________________________________________________.
________________________________was born on _______________________and is currently ___________________years old.
4._________________________________is the mother and legal guardian
of:_______________________________________ .
PAGE 1
5.Choose one (5A or 5B) by placing an X in the box in front of the statement and completing the statement.
5A. |
[ |
] I am not presently under an obligation by court order to make payments for the |
support of ______________________________________. |
||
or |
|
|
5B. |
[ |
] I am presently under an obligation by court order to make payments for the |
support of ______________________________________.
6.___________________________________ presently does not own any property of value, real or otherwise.
7.It is my belief that termination of my
__________________________________ is in her/his (circle one) best interest for the following reason (s):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
_____________________________________________________________________
(If more space is needed, attach an additional sheet and number it 7.)
PAGE 2
8.____________________________________________ is biological mother and current legal guardian of___________________________________
and resides at
______________________________________________________________(full address: street, city, state, zip).
9.I have been informed of parental rights and duties and herein acknowledge both the nature and extent of these rights and duties and my relinquishment of said rights and duties.
10.I am aware that my relinquishment of parental rights with respect to
_____________________________________is irrevocable (beyond the period of 11 days set forth in paragraph #11).
11.I acknowledge my right, which is evidenced by my execution of this Affidavit, to revoke this relinquishment if done so before the 11th day after the date of this Affidavit.
12.Should I choose to revoke this relinquishment, I understand that my revocation is to be communicated to ____________________________________(mother) at
___________________________________________, with telephone number (____) _________________________________ .
I understand that, to revoke this relinquishment, I must sign a statement witnessed by two (2) credible persons and verified before a person authorized to take oaths. I understand that this statement must
be delivered to _________________________________(mother) at the above
address and that a copy shall also be filed with the Clerk of the Court in which the suit for termination of the
PAGE 3
13.My signature below additionally evidences that a copy of this Affidavit has been provided to me at the time of my signature and execution.
FURTHER AFFIANT SAYETH NOT.
Affiant
SWORN TO and subscribed before me on this day of _______________ 20____.
Notary Public in and for the State of __________________________. My Commission
Expires:__________________________________
Signature of Notary_______________________________________
________________________________SIGNATURE OF WITNESS
________________________________ Witness Name Printed
PAGE 4
Instructions on Utilizing Affidavit Parental Rights
Once you have the Affidavit of Voluntary Relinquishment of Parental Rights form, follow these steps to complete it accurately. Filling out this form is an important process, and it requires careful attention to detail.
- Fill in the state where you are located on the first line.
- Enter the county on the second line.
- Write your full name in the blank space provided.
- State your age in the next blank.
- Provide your address in the designated area, including street, city, state, and zip code.
- Indicate your date of birth in the appropriate space.
- Write the child's name and their current address.
- Fill in the child's date of birth and their current age.
- Identify the mother and legal guardian of the child.
- Choose between 5A or 5B by placing an X in the box and completing the statement.
- State whether you own any property of value.
- Explain why you believe terminating your parental rights is in the child's best interest.
- Provide the mother's full address and confirm her status as the biological mother and current legal guardian.
- Acknowledge that you understand your parental rights and duties.
- Confirm that your relinquishment of parental rights is irrevocable after 11 days.
- State your right to revoke the relinquishment before the 11th day.
- Provide the mother's name, address, and phone number for communication if you choose to revoke.
- Sign the form to confirm that you received a copy of the affidavit.
- Have a witness sign the form as well.
- Ensure a notary public witnesses your signature and fills in their information.
After completing the form, ensure that all information is accurate and clear. You may need to submit it to the appropriate court or keep it for your records, depending on your situation. Be sure to follow any additional instructions provided by your legal advisor or the court.
Misconceptions
Understanding the Affidavit of Voluntary Relinquishment of Parental Rights can be challenging, especially with the various misconceptions surrounding it. Here are ten common misconceptions explained:
- It's easy to change your mind after signing. Many believe that once they sign the affidavit, they can easily reverse their decision. However, the relinquishment is irrevocable after a specific period, typically 11 days, unless proper procedures are followed to revoke it.
- Signing means you will lose all contact with your child. Some think that relinquishing parental rights automatically means they will never see their child again. In reality, this depends on the arrangements made and the best interests of the child.
- You don’t need legal advice to sign the affidavit. Many assume that they can complete the form without any legal guidance. However, understanding the implications of relinquishing parental rights is crucial, and seeking legal advice is highly recommended.
- It only affects the biological parent. People often think that only the biological parent is impacted by the affidavit. In fact, it can affect the child’s future guardianship, custody arrangements, and even inheritance rights.
- Once signed, you cannot revoke the affidavit at all. There is a misconception that the affidavit is completely irreversible. While it is generally irrevocable after 11 days, there is a legal process to revoke it within that time frame.
- All parental rights are the same. Many believe that relinquishing parental rights is a uniform process. However, the specifics can vary significantly based on state laws and individual circumstances.
- The affidavit is only for unfit parents. Some think that only parents who are unfit can sign this affidavit. In reality, any parent may choose to relinquish their rights for various reasons, including personal circumstances or the child’s best interests.
- Signing the affidavit means you are abandoning your child. This is a common misconception. Relinquishing parental rights can be a responsible decision made for the child's welfare, rather than an act of abandonment.
- You can fill out the form without any witnesses. Many believe that the affidavit can be completed solo. However, it requires the signatures of witnesses and a notary to be legally valid.
- It has no impact on child support obligations. Some think that signing the affidavit eliminates any financial responsibilities. However, child support obligations may still exist unless specifically addressed in the legal process.
Being informed about these misconceptions can help individuals make better decisions regarding their parental rights and responsibilities. Understanding the implications of the Affidavit of Voluntary Relinquishment of Parental Rights is essential for all parties involved.
Documents used along the form
The Affidavit of Voluntary Relinquishment of Parental Rights is a crucial document in the legal process of terminating parental rights. However, it is often accompanied by several other important forms and documents that help clarify and support the relinquishment process. Below are five such documents commonly used alongside the affidavit.
- Petition for Termination of Parental Rights: This formal request is submitted to the court, seeking legal termination of parental rights. It outlines the reasons for the request and provides necessary details about the child and the parents involved.
- Notice of Hearing: This document informs all relevant parties about the upcoming court hearing regarding the termination of parental rights. It includes the date, time, and location of the hearing, ensuring that all interested parties have the opportunity to attend.
- Motor Vehicle Bill of Sale: This document is essential for anyone in Washington conducting the sale of a vehicle, as it acts as a legal proof of transfer of ownership and includes vital information such as the vehicle's specifics and sale price. Ensure you fill out the form accurately by visiting All Washington Forms.
- Consent to Adoption: If the relinquishment is part of an adoption process, this document indicates that the biological parent consents to the adoption of the child by another individual or couple. It is a vital step in ensuring the child's transition to a new family.
- Child's Birth Certificate: This official document serves as proof of the child's identity and parentage. It may be required by the court to verify the child's details during the termination process.
- Affidavit of Service: This document confirms that all parties involved have been properly notified about the proceedings. It provides evidence that the required notices were delivered in accordance with legal standards.
Each of these documents plays a significant role in the process of relinquishing parental rights. Understanding their purpose can help individuals navigate this complex legal landscape with greater clarity and confidence.